As the number of patent applications related to artificial intelligence (AI) increases, questions surrounding the patentability of these inventions will need to be answered sooner rather than later. These questions include whether AI can be considered an inventor under current patent law (in the United States, patent law refers to an inventor as an “individual” and there hasn’t been a test case yet for whether a machine can legally be deemed an individual/inventor) and whether an increase in inventions created by AI will undermine patent protection for inventions created by humans. Law360 contacted Finnegan attorney Susan Tull for her thoughts.
Susan said, “With these newly filed applications, what we all thought would be a very hypothetical question for some time has now become a much more immediate issue for the patent office to have to answer.”
Under the Constitution, intellectual property protections are intended to “promote the progress of science and useful arts.” Some argue that there is an incentive for humans to work toward advancing science but there is no incentive for AI to do so. However, Susan believes that allowing patents on inventions created by AI could lead to scientists finding solutions to problems that humans have not been able to solve on their own. She said, “Somebody has to dedicate the resources, the time and the money to develop that AI. If you do not provide some reward for that intellectual and financial and time investment, what will be the incentive to develop that artificial intelligence then? I think that's an argument in favor of allowing AI to be an inventor."